How to Identify Sexual Harassment
by Kelly
Sexual harassment may not be as rampant as it seems in television shows like Mad Men, but it is still prevalent in many of today’s workplaces. However, as sexism itself becomes more aversive (in other words, subtle and less overt, yet insidiously present), sexual harassment may be harder to identify and combat.
Before the 1970’s, sexual harassment was often seen as “acceptable behavior.” However, as more women entered the workforce in many different kinds of occupations, sexual harassment became more of a problem – a problem that many women didn’t want to put up with anymore. There was, at the time, no legal definition of sexual harassment. However, several Supreme Court cases later, the EEOA (Equal Employment Opportunity Act) put forth some guidelines in order to identify sexual harassment.
Under these guidelines there are two major forms of sexual harassment:
1. Quid Pro Quo – This Latin term literally means “something for something”. Under Quid Pro Quo, sexual harassment occurs when an employee (of any gender) must put up with sexual advances to protect or maintain their a) job b) promotion c) wage increase d) favorable performance evaluation.
2. Hostile Environment – Sometimes there isn’t a clear “exchange” of sexual favors for job security or promotion. That doesn’t mean that sexual harassment isn’t occurring. If a sexually demeaning and hostile work environment is created, that is also sexual harassment. Methods of creating a sexually demeaning work environment include repeated sexual comments, jokes, posters of nude women (or men), innuendo, and cat calls/shouting. Systematic sexual comments are discriminatory and create a hostile environment for workers.
Thanks to 1986 court case Meritor Savings Bank v. Vinson, companies are now held more accountable for the sexual harassment that may occur among their workers. However, while companies can be held responsible, in many cases it is up to the individual to report sexual harassment.
The best steps to take to report sexual harassment are to tell your immediate supervisor and Human Resources (HR). In the case that the sexual harassment is perpetrated by your boss, go to their superior or straight to HR. If you are discouraged by your boss or HR to file a complaint, keep in mind that you have the right to file such a complaint and the corporation can be taken to court for refusing to address the situation. Furthermore, it is very effective to notify the EEOC (Equal Employment Opportunity Commission), which is a commission that deals with workplace discrimination and harassment.
According to a recent study at the University of Melbourne, “people employed in casual and contract work are up to ten times more likely to suffer unwanted sexual advances than those in full time permanent positions”. This shows that not only is sexual harassment still a problem, but that workers who are not, perhaps, as “valuable” to a company due to their temporary status are even more vulnerable to sexual harassment. This is probably due to the fact that the consequences of sexually harassing a casual worker seem less dire since they will not be working there for long. However, workers of both temporary and permanent status must remember that they have the right of a hostile-free working environment.
Here are some informative links for further reading:
Facts About Sexual Harassment
Sexual Harassment Support
Have you ever experienced sexual harassment? Did you successfully report it? Tell us your experiences. I hope this post has been informative & helpful.
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Good post – terrible issue. I got a phone call yesterday from the lovely lady at the equal opportunities commission who is handling my sexual harassment case against my ex boss. Apparently we have to go through mediation (which does mean I may have to sit in a room with him, so I’m getting a note from my doctor saying that will not be ok), but she said the case looks really good (under the circumstances) and I will be entitled to compensation for having to leave and for all the emotional stress I went through/am still going through.
I can’t stress enough how important it is to let someone know if you even think you are being sexually harassed, even if it’s just your parents or a co-worker. I stayed quiet for oh so long and it just made it so much worse. No one has to put up with behaviour that in any way makes them uncomfortable – it it illegal!
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Speaking of sexual harassment, I would like to know why it is LEGAL at places like Hooters. Why don’t they fit the law? I understand that they must sign a waiver actually essentially consenting to being harassed, so that Hooters can not be sued. Yes, we have women and men working in places like strip clubs, where obviously you are harassed, but in a mainstream business, such as a restaurant, it should not be legal. This restaurant breaks so many laws, there is age discrimination, sex discrimination (by not hiring men as waiters), and only hiring women based on appearance. The airline used to do this to women, but now flight attendants are treated as professionals. The same truth should hold for any person working as a “waitress.” We expect objectification in a strip club. We know that there are magazines, etc. but objectification of women should not be legal in a mainstream business. It wouldn’t be allowed in a bank; nor should it be allowed in a RESTAURANT. Talk about a hostile working environment. What about the people trying to raise children in neighborhoods where there are Hooters? I think the whole concept of having a restaurant around a female body part is degrading, and yet, no one is complaining about it. All the while, Hooters grows, as not enough women complain and try to change the laws.